qplearn
12-18 05:33 PM
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
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saimrathi
07-06 10:59 AM
USCIS has a section for Outstanding americans.. can we contact some of them with the issue at hand..
http://www.uscis.gov/portal/site/usc...0ecd19 0aRCRD
http://www.uscis.gov/portal/site/usc...0ecd19 0aRCRD
mariusp
04-14 07:05 AM
Nope and I just filed for my first exension.
but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
That just sounds ridiculous... what does your driver's license have to do with your H1B extension?
It's true that the length of your H1 extension determines the validity of your DL i.e. if you get an extension until 2010 the DMV will only issue a DL valid till 2010, but the opposite is not true, unless we're living in the Twilight Zone.
but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
That just sounds ridiculous... what does your driver's license have to do with your H1B extension?
It's true that the length of your H1 extension determines the validity of your DL i.e. if you get an extension until 2010 the DMV will only issue a DL valid till 2010, but the opposite is not true, unless we're living in the Twilight Zone.
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chanduv23
02-24 09:54 AM
The way this whole thing has turned out to be now is like a challenge or a race where there is no room for values or emotions or in general life and careers.
Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.
As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.
The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?
It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.
The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.
Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.
Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?
Many people have taken this as part of life and looked at it as slow sailing clouds and trying to make the best out of it and it has been challenging at every stage.
As such, life is not easy - anywhere in the world. Believe me. Those who get lucrative jobs in India or elsewhere does not necessarily mean they are doing great and better.
The best one can make out of any situation is independent thinking and self introspection. Can we do something to make things better? Are our vlices heard loud? Is there anything that can be done? What have I contributed? have I done anything to make things better for us?
It is we, who form the society and if we are suffering, we have to blame ourselves for our inaction. In tough situations, we need to come out of the "grass green on the other side" attitude and see how we can improve the situation ourselves.
The way things have turned out to our kinds is that we have been set to fail - that is the kind of system we are in now.
Apart from immigration, for an average American, burning issues are economy, jobs, terrorism, war and healthcare - a lot of people die because they cannot afford healthcare and reform is nowhere near.
Can we all unite and make ourselves heard? Can we make ourselves credible enough that we are heard and a part of the process rather than kept away from it? The answer is in us and the choice is ours. Look at history on how were and how things changed. History is not only to study, one has to make history. Can we do it?
more...
wandmaker
05-22 06:02 PM
I have made a one time contribution of $100.
Thank you! Go IVans Go!!
Thank you! Go IVans Go!!
dog123
09-02 11:48 AM
Come here in 1999 on F1
more...
virtual55
09-13 04:35 PM
http://www.andhraheadlines.com/World/BrowseArticle.aspx?ArtID=2303
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villamonte6100
04-01 10:22 AM
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Cheers Mate!
Cheers Mate!
more...
jonty_11
07-06 05:37 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
what does the answer to this question mean?
Why are they still showing CURRENT>
what does the answer to this question mean?
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godspeed
12-11 04:25 PM
Folks,
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
IV is working to address issues that affect us now/sooner or later, please contribute as and when possible without waiting for any specific agenda to be picked up.
Help IV to help you
more...
indio0617
03-09 11:35 AM
Has Any Senetor Brought An Amendment To Reinstate Ac21 Provison To Eliminate Country Quota(10%), If Demand Of Visas Is Less Than Supply? The Orignial Spector Markup Deleted This Provision From The Ina. This Is A Big Blow To Oversbuscribing Countries, Unless The Current Markup Is Modified Thro An Amendment.
Is There Any Update From Iv Core Members On This Issue?
No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..
OK ... guys.... Bye..
Is There Any Update From Iv Core Members On This Issue?
No. Nothing on that. They are not done with the discussions yet and have more titles to discuss. They only finished title 2..
OK ... guys.... Bye..
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nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
more...
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miapplicant
08-21 10:01 AM
I am happy to send out this letter. Have done this before but I wanted to know if IV core supports our efforts in sending this letter. Please pardon me, I am not trying to qs the validity of this letter or anything else with this but I haven't heard or read anything from IV core regarding the EB-3 I plight and their course of action (again excuse me if I have misjudged). I would like to hear from IV core on this. Thanks again.
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amitjoey
06-05 04:28 PM
There is a lot of merchandise under $20 that members can buy, proceeds (only a small- portion) goes to IV.
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chanduv23
05-18 03:59 PM
Hi ind_game, attorney and all readers,
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
After reading ind_game last quote "God save AC21.....". I have following questions:
1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
2. Is it true that AC-21 info don't get updated in the USCIS records?
3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.
Please reply.
thanks,
waitingmygc
Almost everyone who use AC21 and had their ex employer informing USCIS about the job change has gone through this.
There is no case of AC21 being denied. It is the law, no need to be scared if you did everything right.
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yabadaba
02-18 05:04 PM
No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
2005 PERM approvals (India - includes EB2, EB3 and EB3 Other workers)
March-1
April -13
May-72
June-324
July-351
Aug-833
Sept-1172
Oct-1212
Nov-1541
Dec-1771
Total for 2005 PERM - 7290
more...
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legalVoice
05-03 09:56 AM
Maybe it would be eating and sleeping... if they get bored with that they might approve 1 or 2 cases.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
I keep hearing that DOL has allocated more resources to entering data. Does it really take so much effort to perform data entry. One of our customer is a large multinational company that has hired a few interns to convert huge stacks of paper files into electronic format by manually entering data into the system. These paper files go back decades, and these 5-6 interns have been making great progress.
In contrast, how long does it take to enter 300K cases into the system? Besides, if they have hired about 100 additional people or so, why are they using case reviewers to enter data? Can't they use interns to perform such low-skill job while continuing to use reviewers to perform their primary task?
My company recently interviewed a fresh computer science college graduate who is working with DOL in entering data. I wish we had hired him so that I could talk to him more about his job duties there.
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9years
10-21 01:54 PM
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
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abandookwala63
07-23 01:07 AM
OK!
Where are you schedule A? Come on, join this forum, share your opinion and propositions!
Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?
I mean let's set at least one goal!
After that we can establish what we have, and how we can make it real.
Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.
What do you think about it?
My wife is a RN just passed her NCLEX from Texas. She studied in US. Looking for a sponsor. Asked one of them and they replied there is no H1 for Nurses, you have to be a BSN to be sponsored. Time is bad for nurses after Schedule A quota is over.
Where are you schedule A? Come on, join this forum, share your opinion and propositions!
Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?
I mean let's set at least one goal!
After that we can establish what we have, and how we can make it real.
Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.
What do you think about it?
My wife is a RN just passed her NCLEX from Texas. She studied in US. Looking for a sponsor. Asked one of them and they replied there is no H1 for Nurses, you have to be a BSN to be sponsored. Time is bad for nurses after Schedule A quota is over.
santb1975
05-30 12:42 PM
We really need to
rajvepa
07-15 01:12 PM
Just posted check for $25
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